Racism (12): Implicit Racism in Criminal Justice

Overt manifestations of racial or other types of group-based hate, prejudice or discrimination are relatively rare these days because they have become increasingly unacceptable. However, the racist or prejudiced ideas that form the basis of such overt manifestations aren’t necessarily less common than they used to be. Or perhaps the word “idea” is too strong. “Unconscious biases” or even “instincts” may be more appropriate terms. “Instincts” in this context is a term used to link contemporary racism and prejudice to lingering aspects of early human evolution encouraging distrust of other groups as a survival strategy.

Indeed, certain psychological experiments have shown how easy it is to induce people to hateful behavior towards members of other groups, even people who self-describe as strongly anti-prejudice. There have also been some notorious cases of the effect of hate propaganda on people’s behavior.

On the other hand, there are some indicators that suggest a decrease in the levels of racism, and there are theories that say that it should decrease. However, other data suggest that “unconscious biases” are still very strong:

[T]his Article proposes and tests a new hypothesis called Biased Evidence Hypothesis. Biased Evidence Hypothesis posits that when racial stereotypes are activated, jurors automatically and unintentionally evaluate ambiguous trial evidence in racially biased ways. Because racial stereotypes in the legal context often involve stereotypes of African-Americans and other minority group members as aggressive criminals, Biased Evidence Hypothesis, if confirmed, could help explain the continued racial disparities that plague the American criminal justice system.

To test Biased Evidence Hypothesis, we designed an empirical study that tested how mock-jurors judge trial evidence. As part of an “evidence slideshow” in an armed robbery case, we showed half of the study participants a security camera photo of a dark-skinned perpetrator and the other half of the participants an otherwise identical photo of a lighter-skinned perpetrator. We then presented participants with evidence from the trial, and asked them to judge how much each piece of evidence tended to indicate whether the defendant was guilty or not guilty. The results of the study supported Biased Evidence Hypothesis and indicated that participants who saw a photo of a dark-skinned perpetrator judged subsequent evidence as more supportive of a guilty verdict compared to participants who saw a photo of a lighter-skinned perpetrator. (source)

Maybe racism hasn’t decreased but has just become more difficult to spot, including for the racists themselves. Swastikas and KKK hoods aren’t so common anymore, and instead we have to look for unconscious biases, implicit racism or even unintentional racism.

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